Date: 7/16/17 10:27 pm
From: Steve Hampton <stevechampton...> [central_valley_birds] <central_valley_birds-noreply...>
Subject: Re: [CVBirds] destruction of Western Screech Owl nesting habitat
Regarding working with cities to prevent such behavior, there are examples
from Davis re: Burrowing Owls and other species. Davis has a biologist on
staff, which makes notification and coordination much easier. The key, of
course, is communication from birders to the city biologist, and then from
the biologist to other city departments (e.g. parks, etc.). That last part,
in my experience, is challenging. I've had many experiences where tree
trimmers are "just following instructions" from some supervisor who will
say, "sorry, we didn't know". Just last week they were excessively
trimming the riparian willows behind my house and shooting all the
chippings into the creek! I was lucky I was home. I spoke with the guy,
who said he was just following instructions, and told him it's a bad idea
(and a clear F&G Code 5650 violation). He called his supervisor and they
changed immediately. But I have no faith it won't happen again with
another crew.

It's highly unlikely the feds (USFWS) will take action in your case. The
Migratory Bird Treaty Act is very rarely enforced-- and then only in the
most egregious cases involving deliberate destruction of many nests. I'm
not sure about the state Fish & Game Code mentioned by Frank. Code 2014 is
another one that is sometimes used at the state level in egregious cases,
but if the city claims ignorance, I'm sure they'll just drop it and
encourage better communication next time.

Steve Hampton
Davis, CA

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